Laserfiche WebLink
iii iiiiiiiii~ium <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Depanmem of Natural Resources <br />1313 Sherman 51., Room 215 <br />Denver, Colorado 80203 <br />Phone; 1303) 8663567 <br />FAl(: (3031 832-8106 <br />March 24, 1994 <br />Mr. Robert F. T. ICrassa <br />4888 Pearl Fast Circle, Suite 202 W <br />Boulder, CO 80301 <br />RB: Responses to Letters of February 22, 1994 and February 24, 1994, <br />Basin Resources, Inc., The Golden Pagle Mine, Permit No. C-81-013 <br />Dear Mr. ICrassa: <br />I~~~~ <br />DEPARTMENT OF <br />NATURAL. <br />RESOURCES <br />Roy Romer <br />Govermr <br />Ken Salaaar <br />Evtt~rive Dirttior <br />Michael B. Long <br />Drvis~on Dirttror <br />On February 23, 1994, the Division received your letter dated February 22, 1994 pertaining <br />to the Division's January 21, 1994 proposed decision to renew the Golden Fagle Mine <br />permit. On Febnuary 28, 1994, the Division received your supplementary comments <br />contained in a letter dated Febnrary 25, 1994. We thank you for .your continued <br />participa[ioa and cooperation in these proceedings. We'd like to take this opportunity to <br />respond.- - <br />Letter dated February 22. 1994 <br />1. We disagree that the application under review should not be considered a renewal <br />application. Section 34-33-109('1)(d) of the Colorado Surface Coal Mining <br />Recbunatlon Act states "Applicationfor apermit renewal shall be made at least one <br />hundred and eighty days prior to the expiration of the existing permit'. Its does not <br />say that failure to submit the renewal application 180 days or more prior to the <br />expiration date means the renewal application then becomes an application for a new <br />permit. <br />Section 34-33-109(7)(f) of the Act, however, does state "The holder of a valid permit <br />may continue surface mining operations under said permit, subject to <br />Section 34-33-123, beyond the expiration date until a final administrative decision on <br />renewal is rendered if a renewal application is received by the Division at least one <br />hundred and eighty days prior to the expiration date of the permit". As such, because <br />Basin Resources submitted its application to renew the Golden Pagle Mine permit less <br />than 180 days prior to January 25, 1994, the applicant would have lost the right to <br />continue surface mining operations beyond that date if the permit had not been <br />re-issued by that date and if temporary relief had not been granted to Basin Respunses <br />pursuant to Rule 2.07.4. <br />2. We disagree that the Golden Fagle Permit Renewal Findings Document should be <br />revised to state that the right of an operator to access minerals through any given <br />